How does adoption work?

Adoption is a legal process that permanently transfers all the legal rights and responsibilities of being a parent from the child’s birth parents (their biological parents) to the adoptive parents.

There are 2 types of adoption in Australia:

• Intercountry adoption — when a child is adopted from an overseas country and brought to live in Australia.
• Domestic adoption — when the child adopted was born or permanently living in Australia. This includes local adoption and known-child adoption.

Australia has open adoptions for both intercountry and domestic adoptions. This means that adopted children grow up knowing that they have been adopted. Where possible, it also allows the adopted child to know about their birth family and cultural heritage.

What is domestic adoption?

Domestic adoption is when the child is born or permanently living in Australia. The adoptive parent or parents may already know the child. For example, the child may be adopted by a step-parent or relative, or the adoptive parent may already be a foster carer. Often the adoptive parent or parents have not had previous contact or a relationship with the child.

What is intercountry adoption?

Intercountry adoption is when a child is adopted from an overseas country and comes to Australia to live. The child and the adoptive parents are matched through formal processes and usually do not know each other before the adoption.

Depending on the arrangement between Australia and the partner country, these adoptions are known as either Hague or bilateral adoptions.

• Hague adoptions are adoptions from countries that are party to the Hague Convention.
• Bilateral adoptions are adoptions from countries that Australia has formal arrangements with but are not party to the Hague Convention.

The Australian Government Department of Social Services (DSS) helps to oversee intercountry adoptions with the child’s country of birth. 

Each state and territory’s government department also takes responsibility for the adoption process. These bodies are known as State and Territory Central Authorities (Opens in new tab) (STCA). Their responsibilities include:

• managing and reviewing adoption applications
• preparing and supporting families through the intercountry adoption process
• providing advice and assistance on overseas rules
• checking progress of applications
• providing support and supervision after the adoption process

For intercountry adoption, you must first be approved to adopt by your STCA. Then, your application will be sent to the overseas country for their approval.

If your application is approved by the overseas country and they find a child for you, they will send you a document with details about the child for you to consider. This is called a ‘placement proposal’.

If you accept the placement proposal, you will then need to start an Australian immigration process for the child. After you organise a visa for the child, you will travel to the overseas country to meet your child, complete the adoption there and bring your child home with you.

Some overseas adoptions are recognised in Australia, while for others you will need to complete some other legal steps after you arrive in Australia.

It can often be a long process for people wanting to adopt from overseas.

You will need an adoption order for an adoption to become legal.

An adoption order is a legal document that transfers all parental rights and responsibilities from the birth parents to the adoptive parents. You will be issued a new birth certificate for your child.

In local adoption, children may spend some time with their adoptive family before or after an adoption order is finalised. For intercountry adoption, placement occurs when the child enters Australia.

To adopt a child, you must meet the requirements set out by the Australian state or territory where you apply to adopt. Requirements may include:

• that you are an Australian citizen
• your age
• if you live in the same state as the child you want to adopt
• how long you have been in a relationship (if you are applying as a couple)

You may also need:

• criminal history, violence, traffic and child protection checks
• health checks
• interviews with you, your family and other adults in your household

Single people can adopt in Australia, but the rules vary between states and territories. In some situations, such as adopting a child you already know, different requirements may apply. 

Same-sex couples can adopt under Australian state and territory adoption systems. 

For intercountry adoption, you must meet both Australian requirements and the requirements of the child's country of birth. These requirements vary between countries and may affect who is eligible to adopt.

Contact your local state or territory adoption authority to find out about the requirements that apply to your situation.

The time it takes to adopt a child varies depending on the type of adoption and where you live. 

Intercountry adoption often takes several years. In many cases, it can take around 3 to 4 years from approval to a child being placed with you, depending on the child's country of birth and your circumstances.

As each state and territory has its own adoption process — contact your local STCA to learn more about the adoption process where you live.

You can adopt if you already have children. Your family situation may be considered as part of the adoption process. The needs of the child being adopted are also a key consideration.

When a child joins your family through adoption, everyone may need time to adjust to the changes.

Supporting your children through the adoption process

If you already have children and are planning to adopt, these tips may help:

• Think about what you will tell your children and when. You may want to wait until you know you are eligible.
• Learn about what to expect when adopting a child into a family with children.
• Encourage your children to share their thoughts and feelings about adoption.
• Consider involving them in parts of the process, where appropriate. 
• Carefully manage their expectations to avoid causing stress or disappointment.
• If you are adopting a child from overseas, talk with your children about ways your family can learn about and celebrate the child’s culture.

You may be eligible for a range of government payments after adopting a child.

Check with Services Australia (Opens in new tab) about any other criteria you need to meet.

To find out more about adoption in your state or territory, contact your local government agencies:

• Australian Government — Intercountry Adoption Australia (Opens in new tab)
• New South Wales — Department of Communities and Justice (Opens in new tab)
• Victoria — Department of Justice, Community and Safety (Opens in new tab)
• Queensland — Department of Child Safety, Seniors and Disability Services (Opens in new tab)
• Western Australia — Department of Communities (Opens in new tab)
• South Australia — Department for Child Protection (Opens in new tab)
• Tasmania — Department for Education, Children and Young People (Opens in new tab)
• Australian Capital Territory — Child and Youth Protection Services (Opens in new tab)
• Northern Territory — Child protection and care

Intercountry Adoption Australia provides a list of counselling and therapeutic services (Opens in new tab) by state.

Information for Aboriginal and/or Torres Strait Islander peoples?

Carers for Kids (Opens in new tab) (NSW) provides support for Aboriginal and/or Torres Strait Islander peoples and information for foster carers, kinship carers, guardians and adoptive parents. Call 1300 782 975 (Opens in new tab).

Information for sexually and gender-diverse people

The Government of South Australia has information for LGBTIQA+ people wanting to adopt or become foster carers (Opens in new tab).